The State Medical Board of Ohio established Nov. 1, 2018 – Dec. 31, 2018 as the first submission period for petitions to add a qualifying medical condition to the Medical Marijuana Control Program. NO PETITIONS WILL BE ACCEPTED BEFORE NOV. 1, 2018.

During the submission period next fall, all petitions should be filed electronically through the State’s website, medicalmarijuana.ohio.gov. A petition needs to include:

The name and contact information

Specific disease or condition requested to be added

Information from experts who specialize in the study of the disease or condition

Relevant medical or scientific evidence

Consideration of whether conventional medical therapies are insufficient to treat or alleviate the disease or condition

Evidence supporting the use of medical marijuana to treat or alleviate the disease or condition and other types of medical or scientific documentation

Letters of support provided by physicians

Rule 4731-32-05, Ohio Administrative Code provides details regarding how to file a petition to add a condition and the supporting documentation is available in Ohio Administrative Code 4731-32-05.

Yes. All medical marijuana patients and their caregivers are required to register with the State Board of Pharmacy. Full details regarding registration as a patient or caregiver can be found in Chapter 3796:7-2 of the Ohio Administrative Code.

A patient or caregiver registration will be valid from the date of issuance and expire one year later, on the last day of the month it was issued. If the patient is diagnosed as terminally ill, the patient’s registration will expire after six months.

No. The law prohibits the Board of Pharmacy, as well as licensed dispensaries, from making personal identifying information public. Physicians and those employed by dispensaries will be able to verify a patient or caregiver’s registration.

Medical marijuana will be available from retail dispensaries licensed by the Board of Pharmacy. Once the Board of Pharmacy has completed its dispensary licensing process dispensary locations will be made available through this site.

The following forms of medical marijuana are permitted: oils, tinctures, plant material, edibles and patches. The law prohibits the use of medical marijuana by smoking or combustion, but does allows for vaporization (vaping). The law prohibits any form that is attractive to children.

The amount of medical marijuana possessed by a registered patient or caregiver must not exceed a 90-day supply. Full details regarding a 90-day supply can be found in Ohio Administrative Rule 3796:8-2-04.

The law requires that the Board of Pharmacy attempt to negotiate and enter into reciprocity agreements with other states. Before entering into an agreement with another state, the Board must determine that both of the following apply:

(1) The eligibility requirements imposed by the other state in order to obtain a registry identification card are substantially comparable to Ohio’s requirements; and,

(2) The other state recognizes a patient or caregiver registration and identification card issued in Ohio.

Currently, Ohio does not recognize medical marijuana registry cards issued in other states. The law requires that the Board of Pharmacy attempt in good faith to negotiate and enter into reciprocity agreements with other states. If Ohio does enter into a reciprocity agreement with another state, more information will be posted to the OMMCP website.

As a way to protect patients and parents or guardians of minor patients who seek to use marijuana prior to the creation and implementation of all the administrative rules necessary to run the Ohio Medical Marijuana Control Program, HB 523 created an affirmative defense for certain marijuana-related crimes. According to the law, a patient, parent, or guardian can only raise an affirmative defense if they have, among other requirements, received a written recommendation from his or her doctor that certifies a certain number of criteria are met. The Board recommends that physicians consult with their private legal counsel and/or employer for interpretation of the legislation.

ADDITIONAL RESOURCES

IMPORTANT DATES

Please note: The dates listed in this section reflect those specified in the law and are for informational purposes only. Rule adoption and program implementation may occur earlier than the dates specified.